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Erb's Palsy Litigation

A child suffering from erb's paralysis might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can also assist families deal with the emotional stress of this birth injury.

Your lawyer will review your medical documents to determine the merits of your case. The lawsuit will be filed, and the defendants will have 30 days to respond.

Medical records

It can be a major blow to families when a child has Erb's Palsy. The condition can cause swelling, pain and disability that may affect the child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's Palsy lawyer can help families get compensation for their losses.

The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. Your attorney will review the documents and may need to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. These experts will provide their opinion on if Erb's ailment in your child was caused by an error in medical treatment or natural cause.

A variety of factors can trigger Erb's Palsy in a variety of ways. The most common reason is when a doctor uses too much force during labor and birth. This can tear or stretch the brachial plexus nerves which can cause the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to start a lawsuit. The benefits of a successful claim will help pay for the medical bills for your child as well as other expenses related to the injury. This can alleviate financial burdens and improve your child's overall quality of life.

Expert Witness Reports

A medical professional is required to evaluate your case of Erb's palsy and give an opinion about what caused the injury and if it was due to a doctor's negligence. The expert can also help you determine the severity of your injuries and how they could impact your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more common in vaginal births, however it may also occur during c-sections. The injury usually occurs when doctors have to move the baby's shoulders in order to facilitate the delivery. The process can strain or tear nerves in the armpit, leading to permanent damage.

The injury is sometimes corrected by surgery, but it can cause complications. Children with this condition might not be able to use their arms or raise their hands. This could affect their quality of life, especially when they are unable to play sports or do everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to help weaker ones.

Your lawyer will gather as the evidence you can, and send it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. After that the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. They can also prevent further medical errors by holding accountable parties accountable. Our lawyers have the resources and experience to investigate the injuries of your child and determine whether a medical professional's negligent actions caused the injury.

One of the most common instances of medical malpractice causing Erb's palsy occurs when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and delivery. This may be due to the incorrect use of vacuum extractors or forceps, a long labor that puts stress on the baby's shoulders and head, or shoulder dystocia.

A few babies with Erb's paralysis recover completely and can move their arm in a normal way. But, others suffer permanent nerve damage and suffer from a disability for the rest of their lives. Thankfully, most cases of Erb's paralysis are preventable and the result of medical negligence during labor and delivery.

Once the medical records and other evidence is collected, our attorneys will file a lawsuit against the defendants, which is usually the hospital or doctor involved in your child's birth. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits are settled, but we will consider bringing your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to make arguments before a jury or judge. Your Erb's lawyer will try to establish that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, and the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional was acting reasonably.

In most cases, the parties reach an agreement prior to trial. This is designed to meet the needs of both parties and bring the lawsuit to an end. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent on the severity and future medical requirements of the injury.

Families with children with brachial plexus injuries often struggle to pay for the expenses. A lawsuit against Erb's Palsy can offer financial compensation to families that may need to pay for the treatment of their children's ailments. It may also cover lost wages if the injury affects a child's future ability to work. It can also help alleviate the emotional and physical stress of being a victim of an injury that can have a profound impact on the life of a child. A family attorney who has experience in Erb's Palsy Lawyers Palsy can help families receive the compensation they deserve.